HUBZONE PREFERENCE PROCEDURE TO OBTAIN

[mfk]

If a HUBZone G.C want to bid on an open competition and wants to utilize its 10% price preference: (1) What actions do your recommend the firm take in submitting its bid to alert contracting officer that it wants the price preference to apply? (2) If the contractor loses bid by less than 10% and they do not apply the Hub Zone bidders preference, how successful are bid protests in this subject? All insight would be appreciated.

[Don Mansfield]

mfk,

If the acquisition is being conducted under full and open competition, it will contain the clause at FAR 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns. If you have represented yourself as a HUBZone small business in your offer, you will get the benefit of the price evaluation preference unless you elect to waive it by checking the block in paragraph ( c ) of the clause:

( c ) Waiver of evaluation preference. A HUBZone small business concern may elect to waive the evaluation preference, in which case the factor will be added to its offer for evaluation purposes. The agreements in paragraphs (d) and (e) of this clause do not apply if the offeror has waived the evaluation preference.

o Offeror elects to waive the evaluation preference.

So, if you want the preference, just represent yourself as a HUBZone small business and you'll get it.

If the contractor loses bid by less than 10% and they do not apply the Hub Zone bidders preference, how successful are bid protests in this subject?

If your question is whether you would win a protest if 1) you represented yourself as a HUBZone and did not waive the evaluation preference, 2) the agency included the clause at FAR 52.219-4, but did not apply the evaluation preference, and 3) you lost because of that, then I would say that you would win such a protest. It would be a slam dunk.

[mfk]

mfk,

If the acquisition is being conducted under full and open competition, it will contain the clause at FAR 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns. If you have represented yourself as a HUBZone small business in your offer, you will get the benefit of the price evaluation preference unless you elect to waive it by checking the block in paragraph ( c ) of the clause:

So, if you want the preference, just represent yourself as a HUBZone small business and you'll get it.

If your question is whether you would win a protest if 1) you represented yourself as a HUBZone and did not waive the evaluation preference, 2) the agency included the clause at FAR 52.219-4, but did not apply the evaluation preference, and 3) you lost because of that, then I would say that you would win such a protest. It would be a slam dunk.

[mfk]

Dear Don:

Not sure if I am doing this right, but I want to thank you for your reply regardng the HUBZone preference